Legal Question in Family Law in Maryland

Engaged

My fiance and I broke things off, who gets the ring?


Asked on 10/05/02, 10:37 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Engaged and Dis-engaged

From your question, I assume that it was your fiancee who broke the engagement, but you didn't state why (i.e., Was it due to wrongdoing on your part?, ). Where you caused the engagement to break, some courts have found that the donee (her) who was wronged is entitled to keep the ring. On the other hand, Did she find another (or decided that she does not want to marry)? In this case, most courts would say you are entitled to return of the ring as it was a "conditional" gift and she didn't fulfill the condition of marriage.

Other matters are whether the ring was given as a condition of matimony or as a gift in anticipation of matrimony. This may seem to be a fine line but this is the matter by which cases are won and lost. To put it more precisely, what did you say when you gave the ring and what did she say when she accepted the ring?

An action can be filed in District Court of Maryland (assuming the value of the ring is less than $2,500) and such would be filed either in the county where either you or your ex-fiancee lives. You can seek return of the ring (i.e., replevin) or if she sold it, you' can seek damages. Or you might first try to have an attorney send her a letter to see if that gets her to rethink her position. I am available to draft a letter for a reasonable cost if you wish to pursue the matter or to assist you with filing in court. Feel free to contact me at (410) 799-9002.

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Answered on 10/05/02, 10:21 pm


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